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Judge: Lockout ruling to take "couple of weeks"

ST. PAUL, Minn. — The federal judge overseeing the NFL players' request to lift a lockout by the owners said it will take "a couple of weeks" to rule.

U.S. District Court Judge Susan Richard Nelson, however, urged both sides to get back to the bargaining table.

Nelson heard arguments from lawyers for the players and NFL owners Wednesday in St. Paul.

The players say their careers are being irreparably harmed by the lockout. The owners say Nelson doesn't have the jurisdiction to issue an injunction while their is a complaint before the National Labor Relations Board.

Nelson said she'd be happy to help facilitate a new bargaining session.

The lockout was imposed by owners three weeks ago after negotiations for a new collective bargaining agreement broke off.

Named plaintiffs Mike Vrabel, Ben Leber, Vincent Jackson, Brian Robison and Von Miller were joined in court by veterans Tony Richardson and Charlie Batch and Hall of Famer Carl Eller. Tom Brady, Peyton Manning and Drew Brees, the three highest profile plaintiffs, did not attend.

The court appearance was the first round between the NFL and its locked-out players in their legal fight over the future of the $9 billion business — including the 2011 season.

When Nelson makes her decision, she could side with the players and grant the injunction, putting pro football back in business. Or she could side with the owners and either deny the injunction or wait to decide until the NLRB rules on the league's contention that decertification was an improper bargaining ploy.

The winner would have leverage whenever talks resume on a new CBA. However, whatever Nelson decides likely will be appealed.

The players say the lockout is causing "irreparable harm" to their careers. The injunction request accompanies the antitrust lawsuit filed against the league after labor talks broke down on March 11.

"All of these players are being affected every day by being locked out," James Quinn, a lawyer for the players, argued Wednesday.

The owners say the court does not have jurisdiction to issue the injunction while the National Labor Relations Board is considering an unfair labor complaint. They characterize the players' decision to decertify the union "a sham" that compromised the collective bargaining process.

The league says it has the right to keep players from working and says the court must wait until the NLRB rules on its claim that the players didn't negotiate in good faith.

David Boies, an attorney for the NFL, argued that the players are still acting like a union, saying the NFLPA is funding the litigation and has set up other services for the players as if it were still a fully formed labor entity.

"They're financing this lawsuit," Boies said. "They're saying, 'We're no longer a collective bargaining agent, but we're going to continue to do all these things.'"

Quinn dismissed the accusation, pointing to a vote that every player took to approve decertification.

"It's not some kind of tactic. It's the law," Quinn said. "It's what we're allowed to do."

Nelson said Wednesday that decertification is fair because the union gives up certain rights as well, including the right to strike.

The fight is complicated and perhaps uninteresting to the average football fan when the scheduled start of the season is still five months away. But the fate of everyone's favorite team hangs in the balance.

"Even though football is enjoying this unprecedented popularity ... nothing is invulnerable," said David Allen Larson, a professor of labor and employment law at Hamline University School of Law in St. Paul, Minn.

It's the first work stoppage in the NFL since the 1987 strike — and the first in any major U.S sports league since the NHL's lockout-lost 2004-05 season. The players balked at more financial concessions when the owners wouldn't open their books, and the owners insist the decertification of the union is a sham cooked up only to apply leverage in the fight.

Now, they don't even agree on which laws apply to the case, with the owners arguing for labor law and the players preferring antitrust rules.

Nelson pressed Boies for much of the morning, asking if the antitrust exemption the league currently enjoys applies to a lockout after the union has decertified.

"The very fact that the union planned to do this affects what they do in the collective bargaining process," Boies said.

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This is from the blog section

UPDATE , 5:29 p.m.

U.S. district court judge Susan Richard Nelson said she’ll need a couple of weeks to determine if the NFL owners illegally locked out the players, according to several media reports.

Here’s the Associated Press story. Click Here!

She urged the players and the league to take part in mediated talks.

Nelson was not expected to decide the case today. Her decision will likely be appealed and that could further stall the proceedings. Also, it must be determine if she has jurisdiction over the case or if it belongs in front of the National Labor Relations Board.

After hours of testimony, Nelson noted that she would take the case under advisement and make a decision “in a couple of weeks.”

Ralph Cindrich, a former player, longtime agent and attorney, basically told everyone on twitter.com to calm down.

He tweeted, “Get real & bank on it: There will be a football season that will be fully played. Lots of hype, folks. It’s part of business w the #NFL.”

Folks seem to be missing a key point in this labor dispute that Cindrich gets. The owners locked the players out in the OFFSEASON. The “Real” lockout doesn’t start until they miss training camp and/or games.

BIRDLAND – I put on my sports and legal hats most of last week in an attempt to gather information that would provide some clarity before today’s hearing.

I interviewed six legal and business experts and had them lay out what is going to happen today in the Honorable Judge Susan Richard Nelson’s courtroom in St. Paul, Minnesota.

Nelson’s ruling is important because we should be able to glean some type of timeline as to when football will return. However, it might take up to two weeks for her ruling and possibly 60 days for the appeal to be heard.

There are four schools of thoughts on what could happen today:

1. Players have precedent on their side and have a slam dunk victory. The lockout gets lifted. NFL returns to business and negotiations for a new collective bargaining agreement get back underway. Players win. Owners appeal.

2. The Players can’t show irreparable harm and are not entitled to injunctive relief. Owners win. Players appeal.

3. Nelson could order both sides out of her courtroom and back to the negotiating table. “This is ridiculous! Get out of here. We’ve got real people, with real problems. Split up the billions and keep it moving.”

4. She could also determine that this is really a union matter and belongs before the National Labor Relations Board. The NLRB did help out baseball in the 1990s.

Here’s the story.

Here’s the impressive list of experts, who helped us get a handle on the case.


–Susan Tose Spencer: An attorney and former general manager and minority owner of the Philadelphia Eagles. She was with the Eagles during the NFL Lockout in 1982. She’s pro management and doesn’t think too highly of union boss DeMaurice Smith.

–Matthew Cantor: An attorney and partner at Constantine Cannon, a New York law firm. He was on the legal team that won the largest antitrust settlement in U.S. history, a $3.4 billion settlement. He’s predicting victory for the owners.

–William B. Gould: Professor emeritus at Stanford Law School. Gould was chairman of the National Labor Relations Board during the 1994-95 baseball strike. The good professor believes the Union has the right to decertify.

–Jason Pace: A certified financial planner and vice president of Morgan Stanley Smith Barney in Atlanta. He has been a financial advisor for 13 years and has a roster of NFL-employed clientele.

–Andrew Brandt: An attorney and former executive with the Green Bay Packers. He’s currently the NFL business analyst for ESPN, a lecturer in sports business at The Wharton School and president of the website nationalfootballpost.com

–David Scupp: An attorney at Constantine Cannon who has written on labor and antitrust issues.

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